Boynton Downtown Law Progresses

BOYNTON BEACH — Procedurally, the series of ordinances that will establish the Central Business District downtown moved closer to adoption Tuesday night with a 2-1 vote from the City Council.

With one council seat vacant and another council member absent from Tuesday`s meeting at City Hall, the council has yet to establish a clear majority on the most controversial aspects of the ordinances.

Mayor Nick Cassandra and council member Jim Warnke voted in favor of a controversial provision that would allow dry storage of boats and major marine repairs in marinas in the downtown district.

Council member Carl Zimmerman voted against the provision. Council member Bob Ferrell, who was absent, has in previous meetings also opposed the dry storage and major repairs downtown.

Unless one of the council members changes his position on the issue before the scheduled April 16 final vote, the deciding vote will be cast by a yet unselected council member.

The Council has until its April 16 meeting to appoint a fifth member or that position will have to be filled by a special election.

The council voted Tuesday to postpone the appointment until April 16 when all four members are present.

The vacancy was created by Ferrell`s resignation from one seat and subsequent re-election to a new district seat in March. Ferrell resigned from the seat because a change in election district boundaries last year left him representing a district he no longer lives in. There is one year remaining on the unexpired term.

A motion by Zimmerman to table the Central Business District ordinances, because there were only three council members present, failed Tuesday because it did not receive a second.

The proposals passed by the 2-1 council vote included an amendment to the draft ordinance that would allow dry storage and major marine repairs.

``I think we`re making a mistake -- endangering the entire passage of the ordinances -- by putting in these last-minute changes,`` Zimmerman said. ``This thing has been cussed and discussed for two years.``

Cassandra said he was not in favor of all the amendments but was voting Tuesday to expedite the matter.

The Central Business District ordinances were prepared by the city`s Community Redevelopment Agency. The agency was created by the council in 1982 to guide the downtown redevelopment effort.

The Central Business District ordinance will serve as the zoning ordinance for the 25-acre core of the downtown redevelopment area.

The Community Redevelopment Agency unanimously voted its opposition to the dry storage and major marine repairs at marinas in the Central Business District ordinance. The Planning and Zoning Board, however, by a split vote, recommended inclusion.

The provision is the only part of the package of Central Business District ordinances that has yet to be agreed upon by city officials, residents and business people.

The package of ordinances sets development and landscaping standards for the area as well as separate development review procedures.